- (1.) Order in Crl. Misc. Second Bail Application No. 317849 of 2014 This second bail application has been filed seeking the release of the applicant on bail in Sessions Trial No. 177 of 2009 arising out of Case Crime No. 431 of 2007 under sections 364-A/34, 302/34 and 201 IPC, Police Station Bhuta, District Bareilly. The first bail application was rejected by another Bench of this Court on 08.12.2014.
(2.) Submission raised by the counsel is that there is no evidence against the appellant. Further submission is about the period of detention which has already been undergone by him and which according to counsel should be treated as a good ground to allow the bail and release him out. Counsel has also placed reliance on 'Babu Singh Vs. State of UP, 1978 1 SCC 579' decided on 31.01.1978 in this regard. Counsel has also tried to show hat the observation made by the Court while passing the earlier order with regard to recovery of dead body at the instance of accused does not apply to the appellant as he was arrested much later and therefore if the aforesaid circumstance is excluded, not much remains there to incriminate the appellant or to connect him with the crime.
(3.) Heard learned AGA and perused the record.;